Summary: We will not investigate Mrs Y’s complaint that the Council wrongly charged Mrs X for her care, did not consider or respond to Mrs Y’s explanation that Mrs X was eligible for Section 117 aftercare, and delayed carrying out a reassessment of Mrs X’s needs. The Council has upheld Mrs Y’s complaint and remedied the injustice by apologising and providing a financial remedy. The Council has also taken action to improve services. It is unlikely we could add to this response for Mrs X and Mrs Y by investigating the complaint.

The complaint

1. Mrs Y complains that the Council wrongly charged her mother, Mrs X, for her care after she was discharged from hospital. Mrs Y explained that Mrs X was eligible for Section 117 aftercare. However, Mrs Y said the Council did not take a proper history when assessing Mrs X and therefore the care provided after she left hospital did not meet her needs. Mrs Y said she tried many times to tell the Council that Mrs X’s care should be covered by Section 117, but she did not get a response.
2. Mrs Y said there was an impact on Mrs X, as she did not get the care she needed. Mrs Y also said invoices for care were building up which caused Mrs X great anxiety.
3. Mrs Y also said the situation was very stressful, and that trying to raise her concerns with the Council and not getting a response caused her great frustration. Mrs Y also explained she had to step in to provide care for Mrs X, which had an impact on Mrs Y.
4. As an outcome of her complaint, Mrs Y wants the Council to reassess Mrs X’s needs to ensure she has the support she needs.

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The Ombudsman’s role and powers

5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we could not add to any previous investigation by the organisation (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the Mrs Y and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Section 117 Aftercare

8. Anyone who may have a need for community care services is entitled to a social care assessment when they are discharged from hospital to establish what services they might need. Section 117 of the Mental Health Act imposes a duty on health and social services to meet the health/social care needs arising from or related to the person’s mental disorder for patients who have been detained under specific sections of the Mental Health Act (e.g. Section 3). Aftercare services provided in relation to the person’s mental disorder under Section 117 cannot be charged for. This is known as section 117 aftercare.
9. During the period of care Mrs Y complained of, Mrs X was eligible for Section 117 aftercare, as she had previously been detained under the Mental Health Act in a different area.
10. Mrs X was later admitted to hospital following a fall. When Mrs X left hospital, the Council assessed her needs and found she needed support at home. This care package was arranged by the Council.
11. During this time, Mrs Y said she tried to explain to the Council that Mrs X should have been receiving support under Section 117. However, Mrs X received invoices from the Council for her care. Mrs Y said she contacted the Council several times to try and resolve this but did not receive a response. Mrs Y then complained to the Ombudsman.
12. When Mrs Y contacted the Ombudsman, the Council had sent Mrs Y an initial response to her complaint, and was in the process of investigating the complaint further.
13. The Council then sent a further response to Mrs Y, apologising for the delays in responding to her concerns about Mrs X’s care, and for providing her with incorrect information about charges for the care package.
14. The Council arranged a joint review of Mrs X’s care needs under Section 117. It cancelled the previous invoices it had issued for Mrs X’s home care, and wrote to Mrs Y to confirm this. The Council also made a payment to Mrs X in recognition of the distress caused to her by what had happened, and a payment to Mrs Y in recognition of the time and trouble she had gone to in trying to resolve the matter.
15. The Council also set out the action it would take to improve services, by providing training for staff on Section 117. The Council also said it would amend its database to highlight where people were eligible for Section 117 aftercare.

Summary

16. I recognise Mrs Y’s view that this was a difficult and stressful situation for her and Mrs X. The Council has provided a remedy to Mrs X and Mrs Y, and has also taken action to improve services. It is unlikely we could add anything further to this response for Mrs X and Mrs Y by investigating.

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Final decision

17. We will not investigate Mrs Y’s complaint. This is because it is unlikely we could add to the response provided by the Council.

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Investigator's decision on behalf of the Ombudsman